93 prefiled bills filed for 2007 Session of Legislature.

To see all of them go to: 2007 Regular Session – Prefiled Bills When you get there click the bill number to read the full text of the bill.

93 Prefiled bills have been tendered for consideration by the 2007 session of the General Assembly as of Nov. 30, 2006. Rep. Stan Lee has filed numerous bills placing limits on illegal immigrants and one making English the official language.

The most egregious bill may be the one filed by Rep. Melvin B Henley. His bill would preclude a person’s right to consult with their attorney prior to submitting to a Breathalyzer test.

Four bills have been filed to raise the minimum wage. Numerous bills have been filed to give veterans tax breaks and special privileges. Three bills have been filed making it easier to restore convicted felons rights.

Several bills have been filed relating to casinos and gaming. A number of bills have been filed that would limit the right of plaintiffs to collect in cases involving religious freedom claims, and no-fault insurance claims.

Many more bills will be filed before the session is over.

BR 35 – Representative Rob Wilkey (06/23/06)
AN ACT relating to criminal record expungement.
Create a new section of KRS Chapter 533 to allow persons convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have their records expunged; amend KRS 431.078, relating to misdemeanor expungements, to change the application fee from $25 to $50 dollars and to begin the five-year waiting period from the date of adjudication of the offense; amend KRS 527.040 to exempt individuals who have had their records expunged from the statute on a felon in possession of a firearm; create a new section of KRS Chapter 533 require the Administrative Office of the Courts to keep a confidential index of expungement orders for utilization in the preparation of presentence investigations.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary

________________________________________
BR 43 – Representative Dennis Keene (06/12/06)
AN ACT relating to public safety.
Create a new section of KRS Chapter 17 to provide a registration system for persons convicted of murder, define registrant, establish period of registration, and provide penalties for failure to register.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary

BR 51 – Representative C B Embry Jr (10/09/06)
AN ACT relating to drug overdose prevention.
Create a new section of KRS Chapter 218A to require physicians and institutions treating persons with a drug overdose to report the incident to the Cabinet for Health and Family Services; establish the requirements for the information to be included in the report and prohibit the inclusion of identifying information; provide immunity from civil or criminal liability for damages as a result of reporting; establish the Vital Statistics Branch as the repository of the centralized database; require the Vital Statistics Branch to issue quarterly reports with aggregate information by county and mental health region to the cabinet, the Office of Drug Control Policy, the state mental health commission, and the Legislative Research Commission; require the Cabinet for Health and Family Services to promulgate implementing administrative regulations.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Health and Welfare

BR 55 – Representative Melvin B Henley (07/26/06)
AN ACT relating to child protection.
Create new sections of KRS Chapters 620 and 30A to provide notice to each parent or custodian of minor children when other parent has a neglect or abuse action pending in any court of this state; amend KRS 403.320 to require supervised visitation and random drug testing in specified situations.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary
BR 67 – Representative Tommy Thompson (11/09/06)
AN ACT relating to operator’s licenses.
Amend KRS 186.412, regarding motor vehicle operator’s licenses, to clarify that a member of the military returning to the Commonwealth from out of state duty whose operator’s license has expired while away shall not be cited or convicted for driving on an expired license within 90 days of return to the state if the person can provide proof of out of state service and dates of assignment; amend KRS 36.450, regarding licenses and certificates issued to members of the military, to conform.
(Prefiled by the sponsor(s).)
BR 70 – Representative Jim Gooch Jr (06/27/06)
AN ACT relating to basic reparations benefits.
Amend KRS 304.39-210, pertaining to no fault motor vehicle insurance, to require the provider of medical services to submit the statement for services within 45 days of the day the treatment is initiated and every 45 days thereafter; prohibit the charging of fees for medical expenses in excess of the limitations of the Kentucky workers’ compensation fee schedule as set forth in KRS 342.035 and in administrative regulations adopted pursuant thereto; prohibit a provider of medical services under the no-fault motor vehicle insurance law from knowingly collecting, coercing, or attempting to coerce the payment of any charge for services or treatment covered by a basic reparation obligor in excess of the schedule of fees provided by this section or from causing the credit of any insured to be impaired by reason of the insured’s failure or refusal to pay the excess charge.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Banking and Insurance
BR 74 – Representative Denver Butler, Representative Jon Draud, Representative Dennis Horlander, Representative Dennis Keene, Representative Charles Miller, Representative Ron Weston (09/08/06)
AN ACT relating to gaming and making an appropriation therefor.
Establish KRS Chapter 239 to authorize gambling at horse racing tracks and casinos; create numerous definitions; create the Kentucky Gaming Commission; establish the duties and responsibilities of the commission; require the commission to determine the occupations related to casino gaming and the qualifications for an occupational license; establish the application procedures for a casino, racing association gaming, manufacturer’s, and supplier’s license; establish the requirements and qualifications for all gaming-related licenses; prohibit a licensee from transferring or assigning the license without prior commission approval; permit a licensee to conduct gaming operations from a temporary facility under certain conditions; require racing association licensees to make certain requests to the Kentucky Horse Racing Authority regarding the number of racing days the licensee will have scheduled during a year; create an exemption to allow facilities development for gaming activities regarding zoning; provide that other zoning and building codes still apply; establish the position and the duties of the executive director of the commission; establish that certain job classifications are to be established by agreement of the parties to a collective bargaining agreement; require that before a gaming license is issued, the governing body in the jurisdiction where gaming operations are proposed must first enact an ordinance to permit casino gaming; require a gaming licensee to post bond and to maintain specific types of insurance; limit the number of gaming licenses to five racing association gaming licenses and four casino licenses; establish criteria for gaming operation locations; require certain information from applicants seeking a gaming license; establish the fees for applications, licensure, and renewal for all licenses; create the Kentucky gaming fund, the Kentucky municipal public safety fund, the Kentucky county public safety fund, the Kentucky horse racing equity fund, and the Kentucky thoroughbred claiming fund; require that certain amounts of the gaming fund support administrative operations of the commission, and other amounts from the gaming fund be dispersed to the Kentucky compulsive gamblers assistance fund, the Department of Education, the Council on Postsecondary Education, the Cabinet for Health and Family Services for health care services for certain indigent Kentuckians and for a prescription drug program for senior citizens, the Kentucky county public safety fund, capital construction, sewer and water projects administered under the Kentucky Infrastructure Authority, the Kentucky veterans trust fund, the state road fund, the budget reserve trust fund, and the equine industry program trust and revolving fund; establish the disbursement of funds to the Kentucky municipal public safety fund and the Kentucky county public safety fund; establish the disbursement of funds to the Kentucky horse racing industry; prohibit licensure of certain people under specific circumstances; establish the expenditure of moneys from the municipal public safety fund and the county public safety fund; establish a wagering tax at a rate of 35% of adjusted gross receipts received and reported monthly by the licensee obliged to pay the tax; establish the terms of all licenses regarding gaming operations; require the commission to promulgate administrative regulations to prescribe procedures for gaming licensees regarding the effective control over their internal fiscal affairs; require periodic financial reports from gaming licensees; require annual audits of the financial statements of gaming licensees; define and limit gambling games and devices; address how money deposited into the compulsive gamblers assistance fund will be expended; require the State Auditor to perform an annual audit of the commission; require gaming licensees to compile a list of persons to exclude or reject from licensed gaming establishments; require the commission to notify a person placed on an exclusion or ejection list; permit the commission to take disciplinary action if a gaming licensee knowingly fails to exclude or eject a person on the list; establish penalties for persons placed on the list who enter premises of a licensed gaming establishment; provide that the transport of gambling equipment and supplies into the state will not be a violation of federal laws; define the term “cheat” and establish penalties for persons who cheat; create the compulsive gamblers assistance fund; establish how expenditures from the compulsive gamblers assistance fund will be utilized; require the commission to prepare an annual report detailing activities and expenditures of the compulsive gamblers assistance fund; encourage gaming licensees to cooperate with local business and community organizations to stimulate the economy through tourism; require gaming licensees to pay the salaries of certain commission employees; require gaming licensees to make office space available for certain commission employees; prohibit a person under 21 from placing a wager or being in an area where gambling games are in operation; establish that commission members, the executive director, and commission employees are subject to the executive branch code of ethics; limit the administrative fine to $50,000 per offense; establish that administrative review under KRS Chapter 13B is available for persons aggrieved by an action by the commission; create a new section of KRS Chapter 131 to attach the commission to the Department of Revenue for administrative purposes; create a new section of KRS Chapter 242 to permit a local option election in certain areas for the limited sale of alcoholic beverages at tracks and casinos in the territory; amend KRS 243.030 to establish a $7,500 annual license fee for a casino entertainment license and a racing association casino entertainment license; amend KRS 243.040 to establish a $3,500 annual license fee for a casino entertainment license and a racing association casino entertainment license; amend KRS 243.500, 243.505, 525.090, 528.010, 528.100, 15.380 to conform; include a severability clause; Include language that this Act is void if the voters fail to approve a constitutional amendment permitting the General Assembly to authorize casinos.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Licensing and Occupations

BR 84 – Representative Stan Lee (07/12/06)
AN ACT relating to civil rights.
Amend KRS 344.450 to preclude the award of actual damages and attorney’s fees in civil rights cases involving the Establishment Clause.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary
BR 90 – Senator Richard “Dick” Roeding (11/28/06)
AN ACT relating to elections and declaring an emergency.
Amend KRS 117.255 to create an exception to the two-minute time period allowed for each voter to occupy a voting booth for disabled persons.
(Prefiled by the sponsor(s).)
BR 95 – Representative Ron Crimm (08/14/06)
AN ACT relating to failure to maintain security on a motor vehicle as required by Subtitle 39 of KRS Chapter 304.
Create a new section of Subtitle 39 of KRS Chapter 304 to provide that there shall be no recovery for the first ten thousand dollars of bodily injury and the first ten thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident if the owner or operator fails to own or maintain security as required by this subtitle; provide that the limitation of damages shall not apply if the driver of the other vehicle is cited for driving under the influence, intentionally causes the accident, flees from the scene, or at the time of the accident is in furtherance of commission of a felony; provide that the limitation of damages does not apply to the owner of a vehicle that is not being operated and is not in violation of KRS Chapter 189; provide that a person involved in an accident in which the other vehicle is not covered by insurance may assert, as an affirmative defense, the limitation of damages provisions of this Act; provide that if an owner of an uninsured vehicle institutes an action to recover damages and is awarded an amount equal to or less than the minimum insurance requirements of KRS 304.39-110, the owner or operator must be held liable for all court costs incurred by the parties to the action; provide that each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have consented to being subject to this Act; require all persons who apply for issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration to sign a declaration that the person consents to the provisions of this Act; provide that this Act does not preclude a passenger from asserting a claim to recover damages which he or she occasioned by the negligence of another person arising out of the operation or use of a motor vehicle; provide that no insurer shall lose any rights of subrogation; provide that if no suit is filed, the claimant’s insurer may recover any amount paid on behalf of the insured in excess of the first ten thousand dollars of bodily injury and property damages; provide that except for newly acquired vehicles added to a policy, the issuance, change, or adjustment of any motor vehicle liability security subsequent to an accident without proof of coverage having been bound prior to the accident shall not effectuate the recovery, the defeat of an affirmative defense, or the avoidance of liability for court costs; exempt from the provisions of this Act any vehicle which is legally parked at the time of the accident.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Banking and Insurance
BR 99 – Representative Melvin B Henley (09/27/06)
AN ACT relating to crimes and punishments.
Amend KRS 189A.105, relating to driving under the influence, to allow a court order for a blood or urine test when a defendant is charged with driving under the influence or some other statutory violation arising from the incident; delete statutory right to consult an attorney before the administration of any test.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary
BR 108 – Representative David Floyd (09/14/06)
AN ACT relating to civil actions.
Amend KRS 453.040 to define costs to be awarded to the prevailing party in civil actions and exceptions.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary
BR 119 – Representative Darryl T Owens (11/28/06)
AN ACT relating to restoration of civil rights.
Amend KRS 196.045 to require the Department of Corrections to initiate the process of restoring civil rights for eligible felony offenders unless otherwise advised by the offender, to require the Administrative Office of the Courts and the Kentucky State Police to provide the Department of Corrections with any record necessary for their investigation, and to require the Secretary of State and the Department of Corrections to provide written reports to the appropriate House and Senate committees..
(Prefiled by the sponsor(s).)
BR 131 – Representative Ron Crimm (09/27/06)
AN ACT relating to homeowner’s insurance.
Create a new section of Subtitle 20 of KRS Chapter 304 to provide that an insurer who stipulates for purposes of homeowner’s insurance coverage or rates that the insured equip any swimming pool on the insured property with an enclosure that isolates the swimming pool from the home shall permit the insured to equip the pool with an approved safety pool cover in lieu of such enclosure.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Banking and Insurance
BR 144 – Representative W Milward Dedman Jr (09/18/06)
AN ACT relating to state employee annual increments.
Amend KRS 18A.355 to provide that state employees making less than $60,000 shall receive a five percent annual increment, state employees making $60,000 or more shall receive an annual increment equaling the federal Social Security cost-of-living adjustment, and state employee salary reductions under a budget reduction plan shall be calculated based on the proportions for the annual increment; amend KRS 48.130 to conform; Effective July 1, 2007.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on State Government
BR 148 – Senator Ernesto Scorsone, Senator Walter Blevins Jr, Senator David E Boswell, Senator Julian M Carroll, Senator Perry B Clark, Senator Denise Harper Angel, Senator Daniel Mongiardo, Senator Joey Pendleton, Senator Dorsey Ridley, Senator Tim Shaughnessy (08/31/06)
AN ACT relating to the minimum wage.
Amend KRS 337.275 to increase the state minimum wage to $5.85 an hour on the effective date of this Act, to $6.55 an hour effective July 1, 2008, and to $7.25 an hour effective July 1, 2009; and increase to the federal minimum wage rate if that rate exceeds the state minimum wage rate.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Labor and Industry
BR 149 – Representative Joni L Jenkins, Representative Mary Lou Marzian, Representative Tom Burch, Representative Don R Pasley, Representative Frank Rasche, Representative Jim Wayne, Representative Ron Weston (11/02/06)
AN ACT relating to the minimum wage.
Amend KRS 337.275 to increase the state minimum wage to $5.85 an hour on the effective date of this Act, to $6.55 an hour effective July 1, 2008, and to $7.25 an hour effective July 1, 2009; and increase to the federal minimum wage rate if that rate exceeds the state minimum wage rate.
(Prefiled by the sponsor(s).)
BR 185 – Representative Mike Cherry (11/21/06)
AN ACT relating to executive branch employees.
Amend KRS 11A.010 to define “executive officer,” and change the definition of “officer” to include executive officers; amend KRS 18A.005 to define “qualifying,” and amend “agency” definition; make technical corrections; amend KRS 18A.030 to require the secretary of the Personnel Cabinet to propose selection method changes to the board for approval or denial and set time frame for board to approve or reject the proposed change; amend KRS 18A.037 and 18A.040 to change commissioner to secretary; amend KRS 18A.045 to change the number of Personnel Board members from seven to nine and specify that those two new members be elected classified employees; amend KRS 18.A.050 to provide that the term of the two new classified employee members be for three years and expire prior to the 2010 election; provide that the elected members be allowed to seek re-election; amend KRS 18A.0551 to conform; amend KRS 18A.190 to place limitations on compensatory leave payments of executive officers and officers to not exceed 240 hours upon separation from service; amend KRS 18A.075 to require the annual report of the Personnel Board be sent to the co-chairs of the Interim Joint Committee on State Government prior to October 1 and to specify the content of the report; require the Personnel Board to consider all proposed selection method change requests from the secretary of the Personnel Cabinet and prohibit any selection method change without final board approval; amend 18A.0751 to require the board to provide guidelines for dispute resolution for employees that attempt to resolve any work-related complaint or penalization; set out the two distinct methods; amend KRS 18A.095 to allow an appointing authority to suspend an employee, with pay, from the time that the employee has received an intent to dismiss letter and prior to the agencies final action; allow an employee to resolve any work-related complaint or penalization by choosing from two distinct methods; amend KRS 18A.110 to provide that employees with the two lowest evaluation ratings follow the new dispute resolution process outlined in Sections 10 and 11 of this Act; amend KRS 18A.111 to require former unclassified employees to serve an initial probationary period of 12 months if the employee is appointed to a position in the classified service, unless he or she has prior status within the system or had been separated from his or her unclassified position at least 180 days; amend KRS 18A.140 to allow classified officers and employees to occupy an elected office under certain conditions; require the secretary of the Personnel Cabinet to conduct a feasibility study on performing background and reference checks on all executive branch applicants and report to the co-chairs of the Interim Joint Committee on State Government prior to November 1, 2007.
(Prefiled by the sponsor(s).)
BR 189 – Representative Jim Wayne (11/03/06)
AN ACT relating to campaign finance, making an appropriation therefor, and declaring an emergency.
Establish KRS Chapter 121B and create new sections to provide for the Kentucky Clean Election Act; define terms; establish the Kentucky clean election fund to distribute transfers to certified candidates; provide for reporting, records preservation, audit, and administrative regulations; provide procedures for declaration of intent for participating candidate to seek certification as a Kentucky Clean Election Act participant; prohibit a participating candidate from accepting contributions prior to the qualifying period, except for seed money contributions, which are limited to no more than $10 per individual and shall not exceed $1,500 for a candidate for the state Senate and $500 for a candidate for the state House; require a participating candidate to obtain qualifying contributions from a designated number of registered voters during the qualifying period, totaling 275 for a candidate for the state Senate and 100 for a candidate for the state House; require a participating candidate to submit qualifying contributions to the registry during the qualifying period; require the participating candidate to request certification no later than the last day of the qualifying period; require the registry to certify a candidate if the candidate signs and files a declaration of intent, submits the proper number of qualifying contributions, has accepted the proper amount of seed money contributions and no other contributions, files a notification and declaration of candidacy or has been nominated for office, and submits any other information required by the registry; require certification no later than three days after final submission of qualifying contributions; provide for appeal of denial of certification; require a certified candidate to limit campaign expenditures and obligations to transfers distributed by the fund and prohibit a certified candidate from accepting any contributions unless specifically authorized by the registry; require that unspent seed money and qualifying contributions be transferred to the fund; require the registry to distribute transfers within three days after certification for certified candidates in a contested primary election, and within three days after the primary election for certified candidates in a contested general election; require the registry to determine the amount of transfers not later than the first Wednesday after the first Monday in November preceding the election year, and require the first transfers to be made for the 2008 state Senate and House elections; specify that transfer amounts shall be $54,000 for Senate and $20,000 for House contested primary or contested general elections, that no transfers shall be made for uncontested primary or uncontested general elections, and that transfers shall be adjusted for inflation or deflation; specify that if the sum of the nonparticipating candidate’s expenditures or obligations or funds raised or borrowed exceeds the transfer amount, then the registry will issue an additional amount to any opposing certified candidate equivalent to the excess, if funds are available; limit matching funds to two times the original distribution, if funds are available; allow a certified candidate in a general election not affiliated with a political party who has been certified by April 15 to be eligible for general election transfers; require participating and certified candidates to report any money collected, all campaign expenditures, obligations, and related activities to the registry, according to procedures and at times prescribed by the registry in administrative regulations; require that any balance in a campaign account of any defeated certified primary candidate and any certified general election candidate to be returned to the fund; prohibit transfers from being distributed in excess of the total amount of money deposited in the fund; require a certified candidate to comply with KRS Chapter 121; provide for Class D felony for knowing violation of the expenditure limitations, contributions limitations, misuse of fund transfers, or falsification of records and provide for disqualification from holding office or becoming a candidate for office and provide for forfeiture of nomination or election; provide for a refund of all fund transfers if there is a violation of the statutes; provide for Class D felony for any knowing violation of the chapter or administrative regulations; provide for transmission of information about violations to Commonwealth’s Attorney and Attorney General; provide for civil penalty of $1,000 per violation; provide for contribution and expenditure limitations to be adjusted for inflation or deflation; amend KRS 118.255 to provide for a $1,300 filing fee for State Senate candidate and a $500 filing fee for State House candidate, with funds going to the clean election fund; amend KRS 6.611, 6.784, 121.120, 121.170 to conform, appropriate $18,156,000 for FY 2008-2009 to Registry of Election Finance; EMERGENCY.
(Prefiled by the sponsor(s).)
BR 220 – Representative Jim Wayne (10/02/06)
AN ACT relating to motor vehicle insurance premium discounts.
Create a new section of Subtitle 13 of KRS Chapter 304 to require any rates, rating schedules, or rating manuals for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the Office of Insurance to provide a low mileage premium discount if the insured motor vehicle is driven 5,000 miles or less annually.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Banking and Insurance
BR 222 – Representative Jimmy Higdon (11/21/06)
AN ACT relating to elections.
Amend KRS 118.105 to allow 10 days, excluding weekends and legal holidays, for a replacement candidate to be nominated should a vacancy occur prior to September 15 of the year of the election, and to exclude weekends and legal holidays in the five days allowed for a replacement to be nominated on or after September 15; amend KRS 118.305 to clarify that any reprogramming of voting machines necessary to reflect a replacement candidate is at the expense of the political party or parties offering a replacement candidate.
(Prefiled by the sponsor(s).)
BR 231 – Representative Jon Draud (10/10/06)
AN ACT relating to circuit clerks.
Create a new section of KRS 186.400 to 186.640 to require Circuit Clerks to extend the hours of operation of driver’s license testing centers by being open two evenings or two Saturdays per month.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Transportation
BR 239 – Senator Jack Westwood (10/09/06)
AN ACT relating to concealed deadly weapons.
Amend KRS 527.020, relating to carrying concealed deadly weapons, to permit carrying a concealed deadly weapon in a motor vehicle in any compartment or box regularly installed in the vehicle by its manufacturer, regardless of whether the compartment or box is locked, unlocked, or has no locking mechanism.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Judiciary
BR 241 – Senator Julie Denton (11/28/06)
AN ACT proposing an amendment to Sections 30 and 31 of the Constitution of Kentucky relating to elections of the General Assembly.
Propose to amend Sections 30 and 31 of the Kentucky Constitution to extend the terms of State Representatives from two to four years and State Senators from four to six years beginning in 2008; submit to voters.
(Prefiled by the sponsor(s).)
BR 245 – Representative Tom Riner (09/29/06)
AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Propose to amend Section 145 of the Constitution of Kentucky relating to persons entitled to vote, to permit a person convicted of a felony, except felonious sex offenders and felons convicted of violent crimes, to vote after the person has served the sentence for the offense, lived three consecutive years without re-offending, and performed 100 hours of community service; subject to the voters for ratification or rejection.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on State Government
BR 246 – Representative Tom Riner (09/29/06)
AN ACT relating to the minimum wage.
Amend KRS 337.275 to increase the state minimum wage to $6.15 an hour on the effective date of this Act, and to $7.00 an hour effective July 1, 2008; and increase to the federal minimum wage rate if such rate exceeds the state minimum wage rate.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Labor and Industry
BR 249 – Representative Tom Riner (09/29/06)
A CONCURRENT RESOLUTION urging United States Congress to support a national health policy to insure affordable, accessible health care for all, with a priority for poor families and children, the elderly, and persons with disabilities.
Urge the United States Congress to support a national health policy to insure affordable, accessible health care for all, with a priority for poor families and children, the elderly, and persons with disabilities.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Health and Welfare
BR 281 – Representative Ted “Teddy” Edmonds (11/06/06)
AN ACT relating to retail credit cards.
Create a new section of KRS Chapter 367 to require a retailer that offers an initial discount to purchasers who sign up for a retail credit card in the retail store to disclose in all credit card promotional material in the retail store the retail card’s interest, finance charges, service charges, or other charges, including membership or participation fees; require such fees and charges to be displayed as clearly and prominently as the display of the initial discount and the annual fee; declare that failure to do so shall be deemed a billing error; permit the cardholder to mail an inquiry within 60 days of receipt of the billing statement that contains the billing error; require the retailer within 60 days of receipt of the inquiry to correct the billing error or send written explanation to the cardholder of why the retailer believes there was not a billing error; direct that a retailer who fails to correct the billing error is liable for the amount of the disputed fee or charge; permit recovery of 3 times the actual damages and attorney fees for a willful violation of this section; prohibit the retailer from threatening to report or from reporting to any person adversely on the cardholder’s credit rating or credit standing until at least 10 days after the retailer has responded to the inquiry; permit the retailer to report the cardholder as delinquent if the cardholder continues to dispute the charges after the retailer has responded to the inquiry but require the retailer to include in its report that the matter is in dispute and to notify the cardholder of the name and address of each party to whom the retailer reported the information concerning the delinquency; provide that if a requirement of this Act and a requirement of the federal Fair Credit Billing section or any federal act are inconsistent or in conflict, the federal law shall control; require application of this section to retail credit cards issued on or after January 1, 2008.
(Prefiled by the sponsor(s).)
BR 282 – Representative Ted “Teddy” Edmonds (11/06/06)
AN ACT relating to casualty insurance rates.
Amend KRS 304.13-057 and 304.13-061 to prohibit basing casualty insurance rates for motor vehicle and homeowner policies, in whole or in part, on territory or location of the risk.
(Prefiled by the sponsor(s).)
BR 296 – Representative Ron Crimm (11/17/06)
A CONCURRENT RESOLUTION creating the Charitable Gaming Oversight Task Force of the Legislative Research Commission
Direct the Legislative Research Commission to establish a task force composed of seventeen members from the General Assembly, the Office of Charitable Gaming, charitable gaming licensees, and the office of the Auditor of Public Accounts, appointed by the Legislative Research Commission, to study the oversight of charitable gaming; require findings and recommendations to be reported to the Legislative Research Commission by November 1, 2007, for referral to the appropriate committee; authorize the Legislative Research Commission to alternatively assign the study to an interim joint committee or subcommittee thereof and to designate a completion date.
(Prefiled by the sponsor(s).)
BR 300 – Representative C B Embry Jr (10/30/06)
AN ACT relating to hazardous duty retirement.
Amend KRS 61.592 to change the definition of a hazardous position to include positions classified in the social services series that involve child protective services investigations or ongoing face-to-face contact with families whose children have been placed in the custody of the cabinet.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on State Government
BR 326 – Representative Mike Cherry (11/21/06)
AN ACT relating to the safety, learning, and well-being of students.
Amend KRS 158.440 to require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define “harassment, intimidation, or bullying”; allow civil exchange of opinions or debate or cultural practices protected under the state or federal Constitution to be included in areas exempt from the definition; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that prohibits harassment, intimidation, or bullying of a student and includes procedures for identifying, reporting, investigating, and responding to complaints, a strategy for protecting complainants from retaliation, a process for annually discussing the code, and the consequences of violating the code with students and their parents or their legal guardians; require school districts to provide training on the district’s acceptable code of behavior to school employees who have direct contact with students if funds exist for this purpose; require school districts to include code of acceptable behavior in district employee training manual; require school councils that are proposing to adopt an instructional program or curriculum designed to instruct students on issues regarding harassment, intimidation, or bullying to afford parents, in a timely manner, the right to inspect and review the instructional material prior to adoption and to address the council on the proposal prior to its adoption; offer parents and legal guardians the opportunity to opt out their students from programs or curriculum regarding harassment, intimidation, or bullying; specify that students who are opted out shall remain subject to the policy that prohibits harassment, intimidation, or bullying; amend KRS 158.150 to include student harassment, intimidation, or bullying as a cause for suspension, expulsion, or other appropriate disciplinary action; amend 158.444 to require local school districts to report to the Kentucky Department of Education all incidents in which a student has been disciplined for harassment, intimidation, or bullying three times in a single semester or where an individual has been the object of three or more documented incidents of harassment, intimidation, or bullying in a single semester; create a new section of KRS Chapter 158 to require that all student data collected that is related to harassment, intimidation, or bullying be subject to the confidentiality provisions of both the federal and the Kentucky Family Education Rights and Privacy Acts; afford parents the right to inspect or challenge student records as permitted under those Acts; require individual student data collected that is related to harassment, intimidation, or bullying to be placed in the student’s disciplinary record; create a new section of KRS Chapter 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting in good faith a student’s disruptive or disorderly behavior if school and district procedures are followed regarding the report; make technical corrections.
(Prefiled by the sponsor(s).)
BR 327 – Representative Tanya G Pullin (11/17/06)
AN ACT relating to criminal trespassing.
Amend KRS 511.060 to include trespass within a school building within the offense of trespassing in the first degree.
(Prefiled by the sponsor(s).)
BR 333 – Representative John A Arnold Jr (11/28/06)
AN ACT relating to economic development and declaring an emergency.
Amend KRS 154.26-010 to allow an approved company to remain in operation or resume operation in the event a facility has been temporarily closed; allow an eligible company to have an annual mine plan that targets raw production of at least three million tons of coal; EMERGENCY.
(Prefiled by the sponsor(s).)
BR 347 – Representative J R Gray (11/22/06)
AN ACT relating to the minimum wage.
Amend KRS 337.275 to increase the state minimum hourly wage to $7.00 an hour on the effective date of this Act; provide for further increase to federal minimum hourly wage rate if such rate exceeds the state minimum hourly wage rate; require, effective July 1, 2008, and annually thereafter, that the minimum hourly wage be adjusted according to the Consumer Price Index; abolish the tip credit allowed for employers and provide that tipped employees be paid the state minimum hourly wage; and require the Department of Labor to post the state minimum hourly wage level as adjusted on the department’s Internet Web site.
(Prefiled by the sponsor(s).)
BR 363 – Representative Rick W Rand (11/27/06)
AN ACT relating to real estate brokerage.
Amend KRS 324.085 to require actively licensed sales associates to complete a post-license course within 18 months of receiving a real estate broker license; mandate a 30-hour course with a curriculum focusing on legal fundamentals and practical applications in the sale or management of property for others; direct the commission to promulgate administrative regulations to determine course content, instructor qualification criteria, and other necessary components; amend KRS 324.160 to increase the maximum fine the commission may levy for specified misconduct from $1,000 to $2,500; make technical correction.
(Prefiled by the sponsor(s).)
BR 378 – Representative Jesse Crenshaw (11/29/06)
AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Propose to amend Section 145 of the Constitution or Kentucky to exclude a convicted felon from the right to vote until expiration of probation or final discharge from parole or maximum expiration of sentence; submit to the voters for ratification or rejection.
(Prefiled by the sponsor(s).)
BR 408 – Senator Gerald A Neal (11/29/06)
AN ACT proposing an amendment to Sections 145 and 150 of the Constitution of Kentucky relating to the restoration of civil rights for felons.
Propose an amendment to Section 145 of the Kentucky Constitution, pertaining to persons entitled to vote, to require automatic restoration of civil rights, under specified circumstances, for persons convicted of felonies by distinguishing the requirements therefor based upon the length and completion of prison sentence; propose an amendment to Section 150 of the Kentucky Constitution, pertaining to disqualification and exclusion from office, to require automatic removal of the disability of certain felons to serve in public office, under specified circumstances, by distinguishing the requirements therefor based upon the length and completion of prison sentence.
(Prefiled by the sponsor(s).)